ORANGE COUNTY, Fla. — An eyewitness says a 16-year-old Winter Park High School student, who was struck and killed by a car two months ago, was drunk on the alcoholic energy drink Four Loko. There is now a state investigation to find out how he got it.
That young witness says she knew her friend was drunk on Four Loko before the accident because he told her so. And minutes before the crash, she told WFTV, the teen who was killed purchased two more cans for a friend.
When 16-year-old Kason Bailey was struck and killed while walking on Aloma Avenue on October 8, 2010, his blood alcohol level was .21; that's more than twice the legal limit for driving. And 14-year-old Alyssa Lovato believes she knows how Bailey got that way.
"I was like, 'Are you drunk?' And he said, 'Yeah.' And I said, 'Off of what?' And he said, 'Four Loko.' I said, 'How many did you have?' And he said, 'I don't know,'" Lovato told WFTV.
But Lovato says one more was opened before a trip to a convenience store to buy more Four Loko for a friend. Lovato said Bailey made the purchase. Later, she and another girl were walking behind Bailey when he put in his headphones and walked into the path of two vehicles.
"When I first saw it happen, I was in shock. I couldn't think straight," she said.
Since then, Lovato shared what she knows with Florida Highway Patrol investigators. Thursday afternoon, the agency told WFTV it has interviewed a number of witnesses, including some who were with Bailey in the hours before the crash.
FHP said it hasn't confirmed what type of alcohol Bailey drank or where he got it, but FHP and the State Division of Alcoholic Beverages and Tobacco plan to find out and prosecute those responsible.
"When you're impaired, your judgment is impaired. That means you can't judge how fast cars are coming towards you. You don't make good decisions," said Kim Montes, FHP.
And at this point, it appears unlikely that either of the drivers who struck Bailey will be charged.
The state said, typically, investigators turn to surveillance videos, receipts and eyewitnesses to confirm underage sells. Bailey's father told WFTV he's confident investigators will get to the truth.
Several states are trying to ban the sale of Four Loko, New York and Michigan have already outlawed the alcoholic energy drink, but Florida hasn't. The company that makes the drink recently dropped caffeine from its product after the Food and Drug Administration issued an order to reformulate the drink.